Bill Text: IA SF442 | 2019-2020 | 88th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to authorized emergency vehicles, and making penalties applicable. (Formerly SSB 1090.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2020-03-02 - Subcommittee recommends passage. [SF442 Detail]

Download: Iowa-2019-SF442-Introduced.html

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Senate File 442 - Introduced
SENATE FILE 442
BY COMMITTEE ON TRANSPORTATION
(SUCCESSOR TO SSB 1090)
A BILL FOR
An Act relating to authorized emergency vehicles, and making
penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 321.231, subsection 1, Code 2019, is
amended to read as follows:
1. The driver of an authorized emergency vehicle, when
responding to an emergency call or when in the pursuit of an
actual or suspected perpetrator of a felony or misdemeanor, or
in response to an incident dangerous to the public , or when
responding to but not upon returning from a fire alarm, may
exercise the privileges set forth in this section .
Sec. 2. Section 321.231, subsection 2, Code 2019, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . c. Drive the vehicle on the shoulder or
median of a highway.
NEW PARAGRAPH . d. Disregard laws or regulations governing
turning the vehicle in specified directions.
NEW PARAGRAPH . e. Disregard laws or regulations governing
overtaking or passing other motorists.
Sec. 3. Section 321.231, subsections 3 and 4, Code 2019, are
amended to read as follows:
3. The driver of a an official fire department vehicle,
police vehicle, rescue vehicle, or ambulance, or emergency
medical services vehicle, or a peace officer riding a police
bicycle in the line of duty, may do any of the following:
a. Proceed past a red or stop signal or stop sign, but
only after slowing down as an emergency vehicle driver may be
necessary deem reasonable for safe operation in the same or
similar circumstances based on information known to the driver
at the time .
b. Exceed the maximum speed limits so long as the driver
does not recklessly endanger life or property.
4. a. The exemptions granted to the driver of an authorized
emergency vehicle under subsection 2 and to a the driver of
an official fire department vehicle, police vehicle, rescue
vehicle, or ambulance , or emergency medical services vehicle as
provided in subsection 3 shall apply only when such vehicle is
making use of an audible signaling warning device meeting the
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requirements of section 321.433 or a visual signaling device ,
except that use of an audible or visual signaling device shall
not be required when exercising the authorized under this
chapter.
b. The exemption granted under subsection 3 , paragraph
“b” , when the vehicle is operated by a peace officer shall be
granted to a peace officer or reserve peace officer operating
an authorized emergency vehicle without using an audible
warning device or visual signaling device if such action does
not recklessly endanger the life of the officer or the vehicle,
and if the officer is pursuing a suspected violator of the
speed restrictions imposed by or pursuant to this chapter
for the purpose of determining the speed of travel of such
suspected violator , or if the officer reasonably believes based
on the facts and circumstances at the time that a suspected
violator’s knowledge of the officer’s proximity may cause the
suspected violator to destroy evidence of a suspected felony
or aggravated misdemeanor, evade apprehension, or endanger the
public or the officer .
c. The exemption granted under subsection 3, paragraph
“b” , shall be granted to the driver of an authorized emergency
vehicle transporting a patient to a hospital while using
a visual signaling device but without using an audible
warning device if a certified emergency medical care provider
reasonably believes the patient’s condition warrants limited
use of the vehicle’s audible warning device, provided the
driver activates the vehicle’s audible warning device when
necessary to warn motorists or pedestrians of the vehicle’s
approach, or when approaching an intersection.
Sec. 4. Section 321.231, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 3A. A peace officer operating an authorized
emergency vehicle may execute a lawful intervention technique
if such execution is reasonable under the circumstances based
on the information available to the officer at the time, and
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the officer has completed a training course approved by the
Iowa law enforcement academy that instructs participants in
the proper execution of lawful intervention techniques. For
purposes of this subsection, “lawful intervention technique”
means a method by which a peace officer operating a motor
vehicle in pursuit of a fleeing motor vehicle causes or
attempts to cause the fleeing motor vehicle to stop.
Sec. 5. NEW SECTION . 321.231A Authorized emergency vehicles
—— parades and events.
1. The driver of an authorized emergency vehicle may operate
the vehicle as part of an official governmental event for the
purposes of the safety and security of an elected official,
candidate for public office, or the public, or as part of a
parade or other public service event if the parade or event
is approved by the state or a municipality, as defined in
section 670.1, and notice of the parade or event is publicly
disseminated by the state or municipality in the area where the
parade or event will occur at least five days prior to the date
on which the parade or event will occur.
2. Notwithstanding any provision of law to the contrary, an
authorized emergency vehicle operating in a parade or event may
display any of the vehicle’s lighting devices. This subsection
shall not be construed to exempt the driver of the authorized
emergency vehicle from any duty to operate the vehicle with due
regard for the safety of all persons.
Sec. 6. NEW SECTION . 321.231B Authorized emergency vehicles
—— immunity from liability.
1. A fire fighter who is certified by the fire service
training bureau, as described in section 100B.6, as a fire
apparatus driver or operator and who has completed an emergency
vehicle operations course and any applicable continuing
education requirements established or approved by the fire
service training bureau shall not be liable for any injury or
loss arising from the fire fighter’s operation of an authorized
emergency vehicle in response to an emergency call or to an
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incident dangerous to the public unless the fire fighter
operates the vehicle with reckless disregard for the safety of
persons or property.
2. An emergency medical care provider, as defined in section
147A.1, who has completed an emergency vehicle operations
course and any applicable continuing education requirements
established or approved by the department of public health
shall not be liable for any injury or loss arising from the
provider’s operation of an authorized emergency vehicle in
response to an emergency call or to an incident dangerous
to the public unless the provider operates the vehicle with
reckless disregard for the safety of persons or property.
3. A peace officer, as defined in section 801.4, or a
reserve peace officer, as defined in section 80D.1A, who has
completed an emergency vehicle operations course and any
applicable continuing education requirements established
or approved by the Iowa law enforcement academy shall not
be liable for any injury or loss arising from the officer’s
operation of an authorized emergency vehicle in response to an
emergency call or to an incident dangerous to the public unless
the officer operates the vehicle with reckless disregard for
the safety of persons or property.
4. Subsections 1 through 3 apply only when, in response to
an emergency call or to an incident dangerous to the public,
the authorized emergency vehicle is making use of a siren
meeting the requirements of section 321.433 or flashing blue
and red lights authorized under this chapter. The protections
from liability provided by subsections 1 through 3 apply in
addition to any other defenses to liability provided by law.
5. a. The driver of an authorized emergency vehicle shall
not be liable for any injury or loss arising from the operation
of the authorized emergency vehicle unless reckless disregard
for the safety of persons or property is proven by clear and
convincing evidence.
b. If a person brings a tort claim against the driver of
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an authorized emergency vehicle, a municipality, as defined in
section 670.1, or this state, for any injury or loss arising
from the operation of the authorized emergency vehicle, the
court shall determine, on motion by any party or on its own
motion, whether the person has presented sufficient, admissible
evidence to support a prima facie finding of reckless disregard
for the safety of persons or property, before the matter
proceeds to trial.
Sec. 7. Section 321.324A, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION . 4. a. The driver of an authorized
emergency vehicle may operate the vehicle as part of a funeral
procession if approved by each municipality, as defined in
section 670.1, in which the funeral procession occurs.
b. Notwithstanding any provision of law to the contrary, an
authorized emergency vehicle operating in a funeral procession
may display any of the vehicle’s lighting devices. This
subsection shall not be construed to exempt the driver of the
authorized emergency vehicle from any duty to operate the
vehicle with due regard for the safety of all persons.
Sec. 8. Section 321.433, Code 2019, is amended to read as
follows:
321.433 Sirens, whistles, air horns, and bells prohibited.
1. A vehicle shall not be equipped with and a person shall
not use upon a vehicle any siren, whistle, or bell, except as
otherwise permitted in this section or any other provision of
law .
2. It is permissible but not required that any commercial
vehicle be equipped with a theft alarm signal device which is
so arranged that it cannot be used by the driver as an ordinary
warning signal.
3. Any authorized emergency vehicle may be equipped with
a siren, whistle, air horn, or bell capable of emitting sound
audible under normal conditions from a distance of not less
than five hundred feet , but the .
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4. An authorized emergency medical services program, fire
department, or law enforcement agency may equip one or more
vehicles with an air horn.
5. An official fire department vehicle, emergency medical
services program vehicle, or law enforcement vehicle owned
by the state, a municipality, as defined in section 670.1,
or a corporation providing emergency medical services to
a municipality pursuant to a written contract, that was
purchased, delivered, or refurbished on or after July 1,
2019, excluding an all-terrain vehicle or a special service
vehicle, shall be equipped with a two-hundred-watt electric
or electronic siren capable of emitting at least two distinct
siren tones, and one or more compatible siren speakers.
6. An authorized emergency vehicle’s siren, whistle, or
bell shall not be used except when the vehicle is operated in
response to an emergency call or an incident dangerous to the
public, in a parade or designated public service event, for a
demonstration, for maintenance, or in the immediate pursuit of
an actual or suspected violator of the law, and the driver of
the vehicle shall sound the siren, whistle, or bell when the
driver reasonably believes necessary to warn pedestrians and
other drivers of the approach of the vehicle.
7. For purposes of this section:
a. “Electric siren” means an audible warning device that
produces sound using an electric motor with an attached
rotating slotted or perforated disc.
b. “Electronic siren” means an audible warning device
that produces sound electronically using amplifiers and
electromagnetic speakers.
Sec. 9. Section 321.451, subsection 1, Code 2019, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . g. A vehicle owned by a certified chief or
certified chief officer of a volunteer fire department, a fire
department comprised of a combination of volunteer and paid
members, or a nonprofit corporation that delivers emergency
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services on behalf of a municipality, as defined in section
670.1, pursuant to a written contract, if the application for
a certificate of designation is requested by the chief of the
fire department. However, the department shall not approve
an application received pursuant to this paragraph unless
the owner of the vehicle has completed an emergency vehicle
operations course approved by the fire service training bureau,
as described in section 100B.6, provided proof of certification
as a fire officer, and provided proof of financial liability
coverage or risk pool coverage.
NEW PARAGRAPH . h. A vehicle owned by a chief or medical
director of an authorized emergency medical service provider,
if the application for a certificate of designation is
requested by the chief of the authorized emergency medical
service provider. However, the department shall not approve
an application received pursuant to this paragraph unless
the owner of the vehicle has completed an emergency vehicle
operations course approved by the department of public health,
and provided proof of financial liability coverage or risk pool
coverage.
Sec. 10. Section 321.451, Code 2019, is amended by adding
the following new subsections:
NEW SUBSECTION . 4. A public or private employer shall
not require an employee or volunteer to apply for or maintain
a certificate of designation pursuant to this section as a
condition of employment or of permitting the person to continue
to volunteer. A person shall not be required to operate or
use a vehicle designated as an authorized emergency vehicle
pursuant to this section.
NEW SUBSECTION . 5. This section shall not be construed
to exempt the state or a municipality, as defined in section
670.1, from any duty to purchase, equip, maintain, or otherwise
provide authorized emergency vehicles to meet any requirement
to provide public services, including law enforcement, fire
protection, rescue, or emergency medical services.
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EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
OPERATION IN EMERGENCY SITUATIONS. This bill allows the
driver of an authorized emergency vehicle, when responding
to an emergency call, when in the pursuit of an actual or
suspected perpetrator of a felony or misdemeanor, in response
to an incident dangerous to the public, or when responding
to but not upon returning from a fire alarm, to drive the
vehicle on the shoulder or median of a highway, to disregard
laws or regulations governing turning the vehicle in specified
directions, and to disregard laws or regulations governing
overtaking or passing other motorists. The bill also allows
official fire department vehicles, police vehicles, rescue
vehicles, ambulances, emergency medical services vehicles, and
peace officers riding a police bicycle to proceed past a red
or stop signal or stop sign, but only after slowing down as an
emergency vehicle driver may deem reasonable for safe operation
in the same or similar circumstances based on information known
to the driver at the time, and to exceed the maximum speed
limits so long as the driver does not recklessly endanger life
or property.
Under current law, authorized emergency vehicles are
permitted to operate in this manner only when such vehicles are
making use of an audible or visual signaling device, except a
vehicle operated by a peace officer is not required to use an
audible or visual signaling device if the officer is pursuing
a suspected violator of a speed limit. The bill provides
that a peace officer is also not required to use an audible
or visual device if the officer reasonably believes based
on the facts and circumstances at the time that a suspected
violator’s knowledge of the officer’s proximity may cause the
suspected violator to destroy evidence of a suspected felony
or aggravated misdemeanor, evade apprehension, or endanger the
public or the officer. However, the bill permits such action
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only if the action does not recklessly endanger the life of the
officer or the vehicle.
The bill provides that the driver of an authorized emergency
vehicle transporting a patient to a hospital is not required
to use an audible warning device while exceeding a speed limit
if a certified emergency medical care provider reasonably
believes the patient’s condition warrants limited use of the
vehicle’s audible warning device, provided the driver activates
the vehicle’s audible warning device when necessary to warn
motorists or pedestrians of the vehicle’s approach, or when
approaching an intersection.
The bill further provides that a peace officer operating an
authorized emergency vehicle may execute a lawful intervention
technique, as defined in the bill, if such execution is
reasonable under the circumstances based on the information
available to the officer at the time, and the officer
has completed a training course approved by the Iowa law
enforcement academy that instructs participants in the proper
execution of lawful intervention techniques.
By operation of law, a violation of these provisions of the
bill is punishable by a scheduled fine of $100.
PARADES AND EVENTS. The bill allows the driver of an
authorized emergency vehicle to operate the vehicle as part of
an official governmental event for the purposes of the safety
and security of an elected official, candidate for public
office, or the public, or as part of a parade or other public
service event if the parade or event is approved by the state
or a municipality and notice of the parade or event is publicly
disseminated by the state or municipality at least five days
prior to the date on which the parade or event will occur. In
addition, the bill allows an authorized emergency vehicle to
operate in a parade or event while displaying the vehicle’s
lighting devices.
IMMUNITY FROM LIABILITY. The bill provides that a certified
fire fighter, emergency medical care provider, peace officer,
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or reserve peace officer who has completed certain training
shall not be liable for any injury or loss arising from the
operation of an authorized emergency vehicle in response to
an emergency call or to an incident dangerous to the public
unless the vehicle is operated with reckless disregard for the
safety of persons or property. This provision of the bill
only applies when, in response to an emergency call or to an
incident dangerous to the public, the authorized emergency
vehicle is making use of a siren or flashing blue and red
lights.
The bill specifies that the driver of an authorized
emergency vehicle shall not be liable for any injury or loss
arising from the operation of the vehicle unless reckless
disregard for the safety of persons or property is proven by
clear and convincing evidence. If a person brings a tort
claim against the driver of an authorized emergency vehicle, a
municipality, or the state for any injury or loss arising from
the operation of the authorized emergency vehicle, the bill
requires a court to determine, on motion by any party or on
its own motion, whether the person has presented sufficient,
admissible evidence to support a prima facie finding of
reckless disregard for the safety of persons or property,
before the matter proceeds to trial.
FUNERAL PROCESSIONS. The bill authorizes a driver of an
authorized emergency vehicle to operate the vehicle as part of
a funeral procession if approved by each municipality in which
the funeral procession occurs. The bill allows an authorized
emergency vehicle operating in a funeral procession to display
the vehicle’s lighting devices.
SIRENS AND AIR HORNS. The bill allows an authorized
emergency medical services program, fire department, or law
enforcement agency to equip one or more vehicles with an air
horn. The bill requires such vehicles purchased, delivered,
or refurbished on or after July 1, 2019, to be equipped with
a 200-watt electric or electronic siren capable of emitting
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at least two distinct siren tones, and one or more compatible
siren speakers.
The bill prohibits an authorized emergency vehicle’s siren,
whistle, or bell from being used except when the vehicle is
operated in response to an emergency call or to an incident
dangerous to the public, in a parade or designated public
service event, for a demonstration, for maintenance, or in the
immediate pursuit of an actual or suspected violator of the
law. The bill requires the driver of the vehicle to sound the
siren, whistle, or bell when the driver reasonably believes
necessary to warn pedestrians and other drivers of the approach
of the vehicle.
By operation of law, a violation of this provision is
punishable by a scheduled fine of $30.
DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill
includes in the list of vehicles authorized to be designated
as authorized emergency vehicles those vehicles owned by a
certified chief or certified chief officer of a volunteer fire
department, a fire department comprised of a combination of
volunteer and paid members, or a nonprofit corporation that
delivers emergency services; and vehicles owned by a chief or
medical director of an authorized emergency medical service
provider. The bill requires the completion of certain training
and proof of financial liability coverage or risk pool coverage
to obtain the designation.
The bill prohibits a public or private employer from
requiring an employee or volunteer to apply for or maintain a
certificate of designation for an authorized emergency vehicle,
and from requiring a person to operate or use an authorized
emergency vehicle.
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